`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`C.A. No. 18-1363-GMS
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`
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`GENENTECH, INC. and CITY OF HOPE,
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`Plaintiffs,
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`v.
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`SAMSUNG BIOEPIS CO., LTD.,
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` Defendant.
`
`
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`STIPULATION AND [PROPOSED] ORDER
`GOVERNING ACCEPTANCE OF SERVICE OF PROCESS
`AND RESPONSE TIME TO COMPLAINT
`
`WHEREAS, Plaintiffs Genentech, Inc. (“Genentech) and City of Hope filed the above-
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`captioned action on September 4, 2018 against Defendant Samsung Bioepis Co., Ltd.
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`(“Bioepis”);
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`WHEREAS, on September 17, 2018, the Court in the above-captioned action entered a
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`scheduling order (D.I. 12) reflecting a coordinated schedule for claim construction and fact
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`discovery with C.A. No. 17-1672-GMS, C.A. No. 18-95-GMS, and C.A. No. 18-924-GMS, all
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`currently pending in this Court;
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`WHEREAS, Defendant has agreed to accept service of process by and through its
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`undersigned counsel as of the date of this Stipulation and [Proposed] Order;
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`WHEREAS, by authorizing its counsel to accept service on its behalf, Bioepis is not
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`waiving any defense other than insufficient process and insufficient service of process (Rules
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`12(b)(4) and (5) of the Federal Rules of Civil Procedure), and Bioepis expressly reserves all
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`other defenses, including but not limited to any and all defenses related to jurisdiction and venue;
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`and
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`Case 1:18-cv-01363-CFC Document 13 Filed 09/18/18 Page 2 of 3 PageID #: 874
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`WHEREAS, the undersigned counsel for the parties have conferred and agreed, subject to
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`approval by the Court, that Defendant shall have sixty (60) days from date of service to respond
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`to the complaint.
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`IT IS THEREFORE STIPULATED AND AGREED, subject to the approval of the
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`Court, that:
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`1.
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`Service of the Complaint in this matter is hereby acknowledged on behalf of
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`Defendant on this 18th day of September 2018;
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`2.
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`3.
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`Defendant shall respond to the complaint on or before November 19, 2018; and
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`Nothing in this stipulation alters the deadlines set forth in the scheduling order
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`entered
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`in
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`the
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`above-captioned
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`case
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`on
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`September
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`17,
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`2018
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`(D.I.
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`12).
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`Dated: September 18, 2018
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`RICHARDS, LAYTON & FINGER, P.A.
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`/s/ Frederick L. Cottrell, III
`
`Frederick L. Cottrell, III (#2555)
`Jason J. Rawnsley (#5379)
`One Rodney Square
`920 North King Street
`P.O. Box 551
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`rawnsley@rlf.com
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`Attorneys for Plaintiffs Genentech, Inc. and
`City of Hope
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`Of Counsel:
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`William F. Lee
`Lisa J. Pirozzolo
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`POTTER ANDERSON & CORROON LLP
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` /s/ Bindu Palapura
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`David E. Moore (#3983)
`Bindu Palapura (#5370)
`Hercules Plaza, 6th Floor
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19801
`(302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
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`Attorneys for Defendant Samsung Bioepis Co.,
`Ltd.
`
`Of Counsel:
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`Dimitrios T. Drivas
`Scott T. Weingaertner
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`2
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`
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`Case 1:18-cv-01363-CFC Document 13 Filed 09/18/18 Page 3 of 3 PageID #: 875
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`
`
`
`
`Amit H. Thakore
`Holly Tao
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, NY 10020
`Tel: (212) 819-8200
`
`Emily R. Whelan
`Kevin S. Prussia
`Andrew J. Danford
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`
`Robert J. Gunther Jr.
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`
`Robert M. Gavin
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff St.
`San Francisco, CA 94111
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`
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`SO ORDERED this ___ day of ___________, 2018.
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`UNITED STATES DISTRICT JUDGE
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`3
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